Ann Miko v. Lincoln Financial Group

Filing 9

ORDER that the plaintiff has until the close of business on April 24, 2015, to file with the Clerk of Court evidence of service or show cause why this case should not be dismissed as against the defendant for failure to prosecute. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

ANN MIKO,
Plaintiff,

8:14CV3188

vs.

ORDER

LINCOLN FINANCIAL GROUP,
Defendant.

This matter is before the court after a review of the court file and pursuant to
NECivR 41.2, which states in pertinent part: “At any time, a case not being prosecuted
with reasonable diligence may be dismissed for lack of prosecution.” Further, Federal
Rule of Civil Procedure 4(m) establishes a 120-day time limit for service of process on
any defendant in a civil case, absent a showing of good cause.
In this case the complaint was filed on September 17, 2014. See Filing No. 1.
On December 23, 2014, the plaintiff’s counsel moved to withdraw, with the plaintiff’s
consent. See Filing No. 7. The court granted the motion to withdraw and noted that
although the plaintiff was in the process of securing new counsel, she was proceeding
pro se. See Filing No. 8. At that time, the court also extended the time allowed under
the Federal Rules of Civil Procedure for the plaintiff to serve the defendant with
summons and a copy of the complaint until February 5, 2015. Id. The plaintiff did not
respond to the court’s order. No further documents have been filed in this matter. The
defendant has not made an appearance. It remains the plaintiff’s duty to go forward in
prosecuting the case. Under the circumstances, the plaintiff must make a showing of
good cause for the failure of timely service or the action must be dismissed against the
defendant. Upon consideration,
IT IS ORDERED:
The plaintiff has until the close of business on April 24, 2015, to file with the
Clerk of Court evidence of service or show cause why this case should not be
dismissed as against the defendant for failure to prosecute.
Dated this 24th day of March, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge